Control of Facilities. Notwithstanding anything in this Agreement to the contrary, Permittee, as the FCC permittee for the Channel, shall be responsible for compliance with all applicable FCC rules and regulations. Permittee shall have control, in operation, management and maintenance of the station to the extent necessary to comply with such rules and regulations, of the construction, operation, management and maintenance of the station to the extent necessary to comply with such rules and regulations. Nothing in this Agreement shall be construed to: (a) prevent or hinder Permittee from rejecting or refusing any STV broadcast program that it reasonably believes to be unsatisfactory, unsuitable or contrary to the public interest, or from substituting a program that in its opinion is of greater local or national importance;
Control of Facilities. Notwithstanding any other provision of this Agreement, WinStar has and shall at all times continue to retain control over all FCC licenses, equipment and facilities subject to this Agreement and shall have, at all times, required access to all of the equipment and facilities installed by it pursuant to this Agreement. In exercising this control, WinStar will not disturb or interfere with the Xxxxxxxx T-1s without good cause, such as a request from the FCC to shut down interfering transmissions, emergency service restoration or correction of other technical problems. WinStar shall provide Xxxxxxxx with as much prior notice as is reasonably practicable in the case of emergency disruptions of the Wireless Fiber Connectivity. WinStar shall, with the reasonable cooperation and assistance of Xxxxxxxx, (i) operate its business in all material respects in accordance with the terms of the Governmental Authorizations and (ii) maintain the validity of the Governmental Authorizations. WinStar agrees to provide Xxxxxxxx with notice in the event matters come to WinStar's attention that could materially prevent it from meeting its obligations under this Agreement. In this regard, WinStar and Xxxxxxxx further agree as follows:
(a) Xxxxxxxx shall not represent itself as the holder of any FCC licenses issued to WinStar.
(b) Any communications by either Party with the FCC regarding the subject matter of this Agreement shall require the other's prior written approval.
(c) Neither WinStar nor Xxxxxxxx shall represent itself as the legal representative of the other before the FCC or any state regulatory body. Except as otherwise required by law, all filings made before regulatory bodies with respect to WinStar's license or the services provided hereunder shall be made by and in the name of WinStar. WinStar and Xxxxxxxx will cooperate with each other with respect to regulatory matters concerning WinStar's licenses and the services provided pursuant to this Agreement; provided, however, this will not relieve WinStar from complying with the Governmental Authorizations.
(d) Nothing in this Agreement is intended to diminish or restrict WinStar's obligations as an FCC licensee and both Parties desire that this Agreement be in full compliance with the rules and regulations of the FCC and any state or local jurisdiction. If the FCC or any state regulatory body of competent jurisdiction determines that any provision of this Agreement violates any applicable rules, policies or regulation...
Control of Facilities. Notwithstanding anything in this Agreement to the contrary, Licensee, as the FCC licensee of the Station, shall be responsible for the compliance with all applicable FCC rules and policies. Licensee will have control, in accordance with FCC rules and policies, of the construction, operation, management and maintenance of the Transmission Facilities to the extent necessary to comply with such rules and policies.
Control of Facilities. The CONTRACTOR expressly understands and agrees that the CITY shall retain final control of the Golf Course. The CITY shall have the right to enter CITY buildings used by the CONTRACTOR and their premises for the purposes of making alterations, improvements, repairs, or to make periodic inspections of the Courses and clubhouse as to cleanliness and operations.
Control of Facilities. Notwithstanding anything to the contrary herein, DISI reserves the right at all times to control all Facilities licensed hereunder, and to enforce all applicable necessary laws, rules, and regulations. Notwithstanding the foregoing, Licensee acknowledges that DISI’s rights to the DISI Buildings are subject to all matters of record and that certain Lease Agreement between DISI and E.I. du Pont de Nemours and Company (“DuPont”) dated July 1, 2017 (as to the E400 building), that certain Land Lease Agreement between DISI and DuPont dated July 1, 2017 (as to the E500 land), and that certain Services Agreement dated July 1, 2017 between DISI and DuPont (as to utilities and services at the Experimental Station) (collectively, the “DuPont Agreements”), which impose certain requirements on the use and operations of the DISI Buildings, including the matters set forth on the attached Attachment C (“DuPont Agreement Provisions”). This License Agreement is subject and subordinate to the terms of the DuPont Agreement Provisions. DISI represents and warrants to Licensee that (i) the granting of this License and the terms of this License Agreement are not prohibited by and do not conflict with the terms and provisions of either of the DuPont Agreements or any matters of record, and (ii) no event has occurred or is continuing which, with the passage of time or the giving of notice, or both, would constitute a default by DISI under either or both of the DuPont Agreements.
Control of Facilities. 5.1 SUSF reserves the right to control the management and/or operation of The Valdry Center for Philanthropy and/or other SUSF premises and facilities, and to enforce all necessary and proper rules for the management and operation of the same, whether specifically enumerated herein or not.
5.2 SUSF reserves for its employees and designees the right to enter any part of The Valdry Center for Philanthropy and/or other SUSF premises or facilities at any time and on any occasion for any reason.
Control of Facilities. Licensee’s customers may own the equipment installed in the Communications Facilities, but in no event shall Licensee allow any other Entity to control the Licensee’s Communications Facilities or any portion thereof for any purpose not directly related to the Licensee’s provision of Communications Services. Licensee shall have no authority to assign, sell or transfer a Site-Specific Permit without the written consent of the City Representative, unless such assignment, sale of transfer is made to an affiliate of Licensee.
Control of Facilities. Tenant is and shall be in exclusive control and possession of the Premises, and Tenant shall operate (or shall cause the Operating Subtenant to operate) the Facilities on the Premises at Tenant’s sole and absolute discretion without control, interference or direction from Landlord or agents of Landlord (except as expressly set forth to the contrary in this Lease), and Landlord shall not, in any event whatsoever, be liable for any injury or damage to any property or to any person happening in, on or about the Premises, nor for any injury or damage to any property of Tenant, or of any other person or persons contained therein unless the same is caused by Landlord’s gross negligence or willful misconduct. The provisions hereof, including without limitation Article 17, permitting Landlord to enter and inspect the Premises are made for the purpose of enabling Landlord to be informed as to whether Tenant is complying with the agreements, terms, covenants and conditions hereof, and if Landlord so desires, to do such acts as Tenant shall fail to do. Tenant agrees to look solely to each Landlord’s interest in its respective Premises for recovery of any judgment from such Landlord and in no event shall Tenant look to any other Landlord, nor shall any Landlord (or its partners, shareholders, members, managers, officers, directors or Affiliates) ever be personally liable for any such judgment. Tenant acknowledges and agrees that (a) the obligations of each Landlord under this Lease shall not be joint and several, (b) the obligations of each Landlord shall be limited to obligations pertaining to the Facility located on the Land owned by such Landlord (such Facility being referred to herein as the “Owned Land”), and (c) no Landlord shall have any obligation or liability whatsoever to Tenant with respect to matters relating to Facilities other than its Owned Land.
Control of Facilities. The Facilities shall at all times be under the control of College, and duly authorized representatives of College shall have the right to enter the Facilities at all times during the Facilities Term. At no time shall Licensee permit the number of individuals in the Facilities to exceed the maximum occupancy thereof. In the event of a College emergency or other circumstances of extreme urgency, as solely and reasonably defined by the College, College reserves the right to terminate the Event and utilize the Premises for its own emergency management purposes.
Control of Facilities. Telecommunications Licensee shall not allow any other Entity to control the Telecommunications Licensee facilities or any portion thereof for any purpose not directly related to the Telecommunications Licensee’s provision of telecommunications services. Telecommunications Licensee shall have no authority to assign, sell or transfer a Site-Specific Permit or Location without the written consent of the City Engineer.
